It can come as a shock to learn that someone you know has requested a restraining order against you. You might feel that it’s undeserved, that it’s not fair and that you deserve justice.
You may get your day in court to tell your side of the story. But until then, the reality is that you have an order against you, and there can be some serious consequences for violating it.
There are different types of restraining orders
There are different types of orders that could have been brought against you.
One is a “personal conduct order.” This means that the court prohibits you from engaging in certain actions, such as contacting the person who requested the order against you (referred to as the “protected person”).
Some of the things that a personal conduct order can prohibit are subjective, and up to the judge’s interpretation. This means that you shouldn’t give the judge any reason to suspect that you are in violation of the order. It’s best to steer clear of any conduct that the judge could interpret as a violation of the order.
Another type of restraining order that you might have to face is a “stay-away order.” This means that the court orders you to stay a certain distance (such as 100 yards) away from the protected person at all times for a certain amount of time.
Often, this type of order can also prevent you from getting too close to any place where the protected person typically goes, such as their workplace or school. Compliance with this type of order might require you to change your daily routine in order to make sure you don’t find yourself too close to a prohibited area.
Violating the order can lead to serious consequences
According to California Law, the violation of a restraining order can result in a $1,000 fine, up to a year in jail or both. If the violation results in physical injury of the protected person, the fine doubles.
This means that, even if you are innocent of the criminal charges brought against you, and the restraining order is unjustified, it’s still a good idea to follow the order closely. You don’t want to create any situation where the judge could feel justified in punishing you for violation of the order.
Having a restraining order brought against you can be a very frustrating situation. You can make the best of the situation by respecting the order, and by working closely with your attorney to fight the charges against you.